SDP back payment and migration from ESA to UC. What to do?

poppy12345

I agree with nanny, SDP isn't automatically paid. The above doesn't refer to SDP. EDP is automatically paid when in the Support Group claiming Income Related ESA or when claiming Income Support if claiming Enhanced daily living PIP/ADP or high rate care DLA, due to the DP being automatically paid. 

HillStreetBlues

I think a rightsnet post sums up my position.
https://www.rightsnet.org.uk/forums/viewthread/19813/#93350

The ESA3 and the IS10 are not claim forms, thyey are simply “requests” for information. Strictly speaking the SDP is never claimed and its award is just something to be determined by the decision maker as part of the overall adjudication process

ESA is a single benefit and if only the (old style)  contribution based award is in payment, the income based award will be awarded by revision/ supersession

If a decision is made not to award the SDP following an application that decision must be notified and if MR is required, that requirement must also be notified.

The award of a relevant benefit ( in this case PIP) can of itself be a ground for revision or supersession (Reg3(7) and 6(2)(e) Social Security and Child Support (Decisions and Appeals) Regs 1999 )

If a person is entitled to it then it should be paid, the DWP might ask for further info one way is via form (IS10). When you meet the criteria for it then it should be paid.
If it was a benefit that had to be claim then you wouldn't get the backdated of sometimes many years.